06法学国际法B卷定稿.doc

东莞理工学院（本科）试卷（B卷） 2008 --2009 学年第 1 学期 《国际法 》试卷 PARTⅠJudgment Directions: There are 10 statements in this part. If it is true according to the texts put a “T”; if it is false put a “F”. ( 20%;each 2%) 1. Hart thought that international law is positiviely law. F 2. International law is similar to municipal law in any aspect. F 3. 3 There are two major sources of law in international law. T 4.Some articles of treaties are the repetition of customary rules of international law. 5. Treaty can be made only between States and not between States and international organizations. 6. In international law, State practice and custom mean the same thing. 7. If a State follows a State practice but thinks the practice as a moral rule, the practice can be called customary rule of international law . 8. The so-called jus cogens means soft law. 9. WHO is one of the organs of the UN. 10.There are no customary rules of international law on the law of treaties. PARTⅡ Choose the proper answer. (only one right answer) Directions: There are 10 incomplete sentences in this part. For each sentence there are four choices marked a)，)，) and d). Choose the one that is right. ( 30% ;each 3%) 11 . Mr .X from State B travelled in State A and was murdered there by Y.Which of the following is true?: a. State A can claim jurisdiction. b. State A can not claim jurisdiction. . c .Every State can claim jurisdiction. d. No State can claim jurisdiction 12. Suppose Y was not tried and punished by State A and Mr. X’s family tried to get remedy but failed because State A did not take active action in Y’s family’s seeking remedy. Which of the following is true? a. State B can claim jurisdiction according to territory principle. b. State B can claim jurisdiction according to nationality principle. c. State B can claim jurisdiction according to universality principle. d. State B can claim jurisdiction according to passive personality principle. 13. Suppose there is dispute be